People v. Keller

This is the second appeal arising out of defendant’s conviction of two counts of selling marijuana, committed on March 5, 1964, in violation of section 11531 of the Health and Safety Code. On the prior appeal, we pointed out, in an unpublished opinion, that defendant, having suffered no previous conviction within the meaning of section 11715.6 of the Health and Safety Code, was eligible for probation, and we vacated the judgment for the sole purpose of allowing the court below to hear and act upon defendant’s application for probation (People v. Keller, Crim. 5086, decided May 12, 1965). On…